Ask a Law Question, Get an Answer ASAP!
I wonder if you think it would be worth my while to take Titan Tours to the small claims court. Our holiday (my husband and I)to visit the "The Awe Inspiring National Parks" (29/9/13 to the 15/10/13) went disastrously wrong when the US Government closed the parks. The US Government had done this before and it was muted before we left that it was a possibility. Titan very obviously had no back up plan. Prior to 'leaving Titan phoned everyone on the tour (31 people) to say the first park we were due to visit, Estes Park, was closed due to flooding but they had organized a visit round Budweiser Brewery instead. It turns pout they hadn't, Budweisers don't do visits on that particular day (Tuesday) so we wasted time at a micro brewery instead. The micro brewery tours were fully booked so we hung around until we were eventually given a free tasting and a short talk. A real waste of time. The US Government had now closed the parks. From Cheyanne we headed to Rapid City even though all the news and weather reports were full of warning about a huge amount of snow that was due in that area (why did we go?). They were forecasting 24". When we woke up in Rapid City there was 23" of snow. We got stuck there for 4 nights. The hotel had no lounge area and the bar was franchised and only opened in the evening and was extremely cold. We basically had to spend the time in our bedroom. I did ask the tour manager about being repatriated but she shrugged her shoulders and walked off. At the time I wasn't aware of my legal rights so assumed that it was not possible. At various times other members asked about repatriation but were offered no advice from the tour manager about how to proceed. When we could proceed with our journey we then spent the time catching up. We caught up on the 13/14th day. I have raised various points with Titan but they have never addressed these points. They admit I did ask about repatriation but that was in Rapid City when we were stuck in snow and I didn't ask again. They take an extremely long time to respond to our letters. I have asked why were we in an old bus. the windows often steamed up so we couldn't see out of them? Why did we go to Rapid City against all advice. Why did the tour manager not give me and others information about being repatriated? Why did they phone to tell us of the Budweiser visit? On our last day in Phoenix Titan suggested to the tour manager that we go to a shopping mall, the tour manager said she didn't like shopping, a fair few of us said we did like shopping but she decided against it, so we spent a large part of the last day hanging around the hotel until it was time to go to the airport. Why won't Titan answer my points. Out of the 12 parks we were supposed to visit we saw 2 and a very brief visit to a third. We had paid for a flight over the Grand Canyon, Titan gave everyone a free flight over the Canyon and refunded the cost we had paid for our flight. We paid £5830 (after the flight refund) this included 1 breakfast only. Titan have offered us £600 pp compensation and a voucher for £200pp against any further holidays with Titan. This is to include the unused entry fees to 10 parks. Titan say they cannot offer more compensation to us as other tour members have accepted this offer. I doubt if I would ever go on another Titan tour so the vouchers are worthless. After taking off the 2 x £600pp (£1200) it means we have paid £4630 to see two and a bit National Parks. Do you think their offer is fair and do you think I ought to try the small claims court. I'd hate to lose and be awarded their costs!! Yours sincerely XXXXX XXXXX
I would accept around £3000. They are quoting Force Majeure but no one ever discussed this with us on the tour.
Thank you for your advice, I will write to Titan again in the manner you describe. Not sure I have the guts to go to the small claims court, too frightened of being awarded their costs if I lose.